Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1887-02-24
A PET PRonIsurIos FALLACH.
fOhicaQo Tribune.

Chicago Tribune.
A Missouri paper prints an interest
ing controversial discussion Of prohibit
tien between q moss-oovered Bourbon
on one side and Mrs. 3. A. Gordon,
q representative Of the WOman's
Christian Temperance UniOn," on the
other. The Bourbon controversiaiist
Qustes Thomas Jefferson and Samaes
]. Tilden In opposition to q ''paternal
form Of government" and concludes
that there should be "Reminiscences By
Law with liquor. selling OF liqaoF-dFink-
ing, while bis feminine antagonist COR
tends that "licensen taxation of the
traffic is void and unauthorized under
the Constitution of the United States.
She says the Constitution was intend d
ito establish justice" whereas justice 10
set aside by licensing an evil" that the
Constitution aims to secure domestic
tranquility" whereas the existence Of
salsous 10 menace to public order, and
that neither Congress nor State LsQis-
latares have authority to legitimate q
traffic morally wrong and opposed to
the common welfare"
While the constitutional learning dis
played in this line Of argument Is NOS
very profound, the fallaoy back Of it
merits some investigation, since il has
proved spsoious enough to mislead
many intelligent persons IL the ante
cedent rule IN this country had been
one Of absolute prohibition then ststu
tory regulations abatIng or modifying
the inhibition might have been regard
ed a. IN some sense effectin0 "a oom-
promise With an evils Precisely the
opposite Is the truth. Before Govern
ments were organized IN this country
the right to sell liqusr vas firmly estae-
lished by common Law and the privilege
vas 80 broad that Il could not be on
IaFged by legislative authority. LeQis-
latlon respecting the liquor traiiio could
therefore take only the form of limiting
and restricting privilege that was pre-
viously unrestrained at common Law.
By imposing special taxes those Who
could not pay the amount fixed were
prohibited from engaging in the traffic.
and ht noe license, instead Of being IN
sue nature Of a permit to do evil, cuTbed
and restrained the privilege already
existing az common lag aud substituted
partial prohibition for q FiQht descend
ing from old Es0lish Law, formerly open
10 all. AS the tax 10 increased the inhIb-
iti0n becomes stronger and applies to q
greater number. Even the extremel y
log license taxes first adopted In this
country clasea some Of tns dogReries
existing under Sue COM mon Lag m =.
Taxagisn alVays includes the power 70
destroy. and when applied win suffi
oient rfgor Constitutes the most effective
form OF prohibition. Imposing a $500
tax on quor-selling In Illinois three
years ago oi0sed 800 salsons in Chicago
and ever 600 10 the State, and pFohihi.
ted the keepers thereof from engaging
losRcr To Wedding intoxiotnts. A tsx
q 81 900. or $500. or $1,000 would
produce like q cts 10 pEop0rtI0n 20 the
AmouAs OF the penalty and the rigor Of
ias endorsement So called prohlbitOry
laws which az fnes aud forfsitares en-
feFceabls oply after the expense and
delay Of litigation are much less tffses
i've than status 9 ghich ex cot the money
enalty 10 advance without cost 60 the
State and without permitting any one
10 escape the payment through tie favor
Of iuries. Instead, therefore, of being
IN any sense Q ~compromise with
wrong" Icease taxation Of saloons IL q
rssTTieti0n Of an sntecedenf riekt 70
sell, and sapplies All she prohibition
any community can possibly enforce,
while allowing others where local senti
ment i less favorable 70 secure the Ut
mest attsinahle regulation and TO re-
dnse che trsfis 70 the minimum.
Tie misuse Of the uord license" in
Applying u - laws that ix q peuAlty
aad collect Il without litigation 10 the
scarce OF the pet fallRey Of the Pro.
hibisionists thai such enactmeuts per
mil and eneoaFAee crime" The word
Is unknown to the courts Ia the seHse in
which the prohioiiionists ase if. In q
resent cssa the S0prene Court Of
Michfean said the taxation OF the
liquor trAfds Gas inst = license, buf .
restraint and the SasTeme Gears Of
Illinois hAd repeatedly declared thai
selling eqaoF Vas = co@uon iaa Eiaht
aud license TAI coiice regulation re-
slrsiaEnR REd limiting Il. II he exao.
taon Of money penalty Is licensing
erSula." then all the eoaatless uaniei.
pal ordinsnees and ether snzcsmsut=
puuisninR uGensas With hnes OF forfef
szfSs mGsi b Feps&ied and q great
nnmhes Of misdem1aBsrs allowed 20 20
UNPUBLISHED or be made penisentlaTT
ofeassa. Prohioiiiou SIC. however, sp-
ply thsir PEA faIlaey oulY % Iiquor sell
ING. and II THAI case Il rests only on tse
misuse Of the Wstd s'iicenss."